Massachusetts Recent Legal Answers from Lawyers

Dear Anonymous ,  In order to change the current schedule you have to petition the court or reach an agreement with the other parent. In order for any attorney to give you advice it is necessary to know more about the situation. If you would like additional information, you can contact my office at 617-410-6467.  Best, ... Read More

Dear Anonymous,  The answer is dependent on whether or not DCF has custody of the child. Based on what you have said, it appears DCF has custody. If DCF has custody, then you will have to petition DCF for custody. If they do not have legal custody, then you will have to file for a guardianship.   ... Read More

Hopefully the charge can be dismissed or changed as a conviction for domestic violence against a fiancé is a permanent bar to immigration. With a dismissal or change in character of the charge, and if you are a US citizen or permanent resident and marry and petition for him, ICE would likely give him a bond or release him on his own recognizance or with ankle hold assuming that he has not had prior criminal incidents or a bad immigration history.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

Lawyers are no different than plumbers or electricians or any other service.  You can change attorneys at any time and it is your right to do so.  It is as simple as sending a quick letter to your current law firm stating that you no longer are in need of their services and would like your entire file sent over to your new attorney.  Oftentimes, your new lawyer will do this for you and you simply need to sign the letter.  As for compensation, your former law firm may be entitled to compensation for the work they have done on your file.  However, it should NOT cost you any additional payment.  Essentially, the legal fee would be split in a fair way between the two law firms.  It is usually worked out between the two lawyers.  The important thing to understand is that you do not have to pay two legal fees.  The fee is the same, but it would be divied up.... Read More

Hello, I am sorry this happened to you.  Obviously, this sort of thing should not happen, and clearly someone was negligent here.  In these types of cases, the question is figuring out who was responsible for this error.  Once that is established, the next question is what kind of damages or injuries did you sustain.  If you discovered it as you did, but had no injury as a result, there is really not much to collect by way of a pain and suffering claim.  There can be wrongdoing, but there also must be injury or damage...and that is what your potential claim is based on.  I would also suggest holding on to that screw for evidence if you plan to pursue a claim.... Read More

Have you spoken to the attorney who filed the most recent LCA and amendment? He/she is in the best position to provide case-specific guidance. Without reviewing the file, I would err on the side of caution and tell you to avoid international travel until you have received an approval notice. You can read more about H-1B at http://myattorneyusa.com/work-visas.... Read More

I will assume that your sister applied for a visitors visa to the US. Such visas are given in the discretion of US consular officers taking into account the circumstances of the applicant including age, job, resources, property and other ties in the home country. Your being a US citizen could be seen as a negative factor on the question of whether your sister has nonimmigrant intent. I suggest that your sister strengthen her application by having more ties to the home country and be prepared to show those ties to the US consular officer the next time that she applies for the US visa.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

The first question is do you need to file bankruptcy?  Social security is protected from garnishment by most creditors including credit cards and medical bills.  If you are unable to pay credit cards and/or medical bills, they can call you and send dunning letters but will not be able to take your Social Security.  If you own a home or have other substantial assets you will need to speak to a local lawyer.  Many people prefer to file bankruptcy to avoid having creditors calling them, potentially for years.  The actual filing requires completion of about 40 pages of paperwork, two classes and attendance at a hearing.  This is not a DIY project.... Read More

There are a number of different possible outcomes that could occur, when an alleged victim fails to appear at a Clerk-Magistrate's Show Cause Hearing. Often the victim does not appear and a police representative provides the facts to the Clerk. In fact, quiet often the investigating officer's report is just read into the record by the police representative. The standard to be applied by the Clerk-Magistrate to the application for the criminal complaint to issue is: * 1. Do the facts as represented, demonstrate a crime was committed?* * 2. Is it MORE LIKELY THAN NOT, THE DEFENDANT COMMITTED THE ACTS AS ALLEGED.* Notice there is no mention of proof beyond a reasonable doubt. *The criminal standard of proof beyond a reasonable doubt is not applied at a Show Cause Hearing* but is applied thereafter in the courtroom after a finding of probable cause to issue the criminal complaint. Hence, the standard for the issuance of the criminal complaint is much lower than the standard for guilt of proof beyond a reasonable doubt. If the victim fails to appear at your Show Cause Hearing, you have to make a judgment call. Either go forward and offer your version arguing that the evidence is in conflict with #s 1 & 2 above or ask for a continuance of the Hearing so that you can summons in the victim thereby giving the Clerk-Magistrate a better perspective. If the victim fails to show at the second Hearing, then you are in a much stronger position to request that the complaint not issue against you and the matter ends. It is always better strategy to have an experienced criminal defense attorney represent you.... Read More

You are not entitled to a social security number based upon the information provided. You may be able to request a change of status to F-1 student, which would allow you to study in the U.S. Speak to the DSO at the college you wish to attend. You can read more about student visas at http://myattorneyusa.com/student-visas.... Read More

Your spouse may request a change of status to H-4 at any time in which you hold H-1B status. That being said, it may be best to wait until after your extension beyond the six-year cap isaporoved to avoid having to file a changexif status followed by an immediate extension of status. You can read more aboyt H visas at http://myattorneyusa.com/work-visas.... Read More

Thank you for the question regarding whether your importing products infringe the patent right of another.  The first place to start is with a prior art search, often called a patentability search to determine any similar art that may disclose the features and elements of your invention.  My recommendation is to seek a patent law firm that handles prosecution matters and knows how to conduct a thorough search and can provide you with a report disclosing similar and relevant prior art.A further consideration is how long you have been using the invention?  If the invention has been disclosed in the public domain for more than 12 months is "barred' from registerability.  A reputable Patent Firm will be able to answer your questions and provide you with an opinion letter for roughly $700-1200.00.  I wish you luck!   Sincerely, Andrew Rapacke The Rapacke Law Group, P.A.... Read More

Good afternoon. Typically we are able to get your unit or master insurance policy to pay the entire amount of the claim.  You should not have to sue the abutting unit owner in order to be made whole.  I have been protecting the rights of insureds for about 30 years.  We may be able to assist you. Please feel free to call at your convenience. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com  Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA   ... Read More

Dear Anonymous,    The amount of child support is based on the parenting plan and the incomes of the parties. The child support is the right of the child and the Court is unlikely to waive the requirement unless the parties provide the court a reason to deviate from the guidelines. ... Read More

You need to follow the provisions contained in the order which you reference.  If there has been a material change in circumstances which would call for other arrangements, you can file a complaint for modification.  If you want to keep the order as it is but want to enforce compliance, you can file a complaint for contempt.  Good luck. ... Read More

Child support and parenting time are viewed as separate issues by the Court.  Child support in Massachusetts is paid in acccordance with the child support guidelines.  Although judges have discretion to deviate if there are other factors worthy of consideration, it generally works out to be 25% of the payor's gross income.  It does not depend upon whether or not the other parent visits with the child or not.  If there are problems with the parenting arrangement, you can take him to Court to have it modified if you can show a material change in circumstanes.  Best of luck. ... Read More

You may request a change of status to B-2 without leaving the country. You need to file Form I-539 with USCIS prior to the expiration of your current status. Read the instructions carefully when preparing the form. You can read more about changing status at http://myattorneyusa.com/change-of-nonimmigrant-status.... Read More

Your brother has 30 days from the date the immigration judge ordered his removal to file an appeal with the BIA. If it has been more than 30 days, his appeal is time-barred. He could only pursue a motion to reopen. That being said, neither option may be viable. What your brother wants, he may simply be ineligible for. I would encourage you to have an attorney review the situation. ... Read More